Misdemeanors: Council sees a minimum of good options

Tuesday

Shawnee County commissioners were blamed Tuesday for forcing the city of Topeka to cope with District Attorney Chad Taylor's decision to stop prosecuting misdemeanors committed in the capital city.

“In the final analysis, this is a problem that was created by the county commissioners and needs to be resolved by them,” Mayor Bill Bunten said at a work session held prior to the regular city council meeting.

Councilwomen Sylvia Ortiz and Denise Everhart also criticized the commission, with Ortiz saying the city needs to “man up” and let commissioners know “we’re not going to stand for this.”

Ortiz urged council members to join her when she appears before the commission, which she said she probably would do after a vacant seat on that body is filled Saturday.

“I think we really need to sit down at the table with them as elected officials because our constituents are their constituents, and this is just terrible,” she said.

Governing body members Tuesday heard interim city manager Dan Stanley present options to consider for dealing with Taylor’s move. Taylor said the decision, which became necessary after county commissioners cut his 2012 budget by 10 percent from its 2011 level, requires the city attorney’s office to prosecute misdemeanors committed in Topeka, an obligation Stanley says the city isn’t prepared to execute.

Stanley said he and Taylor and members of their staffs have been meeting since Thursday to try to bring “more light than heat” to the matter and discuss how to ensure the efficient prosecution of city misdemeanors, many of which involve domestic violence cases.

Stanley told the council it was clear Taylor was “unwavering from the path to drop these cases.”

He said a discussion with regard to Taylor’s other options “would probably have to come at the direction of not me, perhaps the county commission.”

Stanley said the city’s options include pursuing any of three strategies that involve:

■ Trying to force the district attorney to prosecute. Steps the city could take would include seeking an attorney general’s opinion as to whether the district attorney may unilaterally decline those cases — the city attorney’s office says he can’t — or repealing city ordinances banning misdemeanors, thereby creating a vacuum in which Stanley thinks the law would require the district attorney to prosecute.

■ Seeking to negotiate an agreement through which the city would pay some costs to help finance the district attorney’s prosecution of misdemeanors. Such expenses could include an estimated $280,000 to $300,000 per year to pay costs of all prosecution, and/or at least $330,000 per year to pay incarceration costs for people being held in connection with domestic battery.

■ Ceasing negotiations and accepting responsibility for all cases in question. Stanley said that would cost the city a minimum of $600,000 to $700,000 per year and could easily come to cost more than $1 million.

Council members discussed their options at the work session, where Stanley said he saw no clear direction from a majority of the council on what strategy to pursue.

Councilman Larry Wolgast suggested the city seek separate long-term and short-term solutions while acknowledging, “There aren't a lot of good options even right now.”

Bunten said while the city reduced its work force significantly last year, the county didn’t and consequently experienced financial problems that led to the cut in the district attorney’s budget.

Councilmen Bob Archer and Andrew Gray spoke critically of Taylor with Gray saying he put the city “in a lose-lose situation.”

Police Chief Ron Miller told the council the Shawnee County Sheriff’s Office was seeing an increase in domestic violence calls inside city limits as Topekans were calling that office instead of police because they thought the district attorney would prosecute domestic violence cases filed by the sheriff's office. That office has authority throughout Shawnee County, including within city limits.

Stanley said he would continue to work the problem and would report back to the governing body next week.

Councilman John Alcala was absent from the work session and regular meeting.

The council at that regular meeting:

■ Voted 8-0 to approve a $300,000 project budget to use revenue from a citywide, half-cent sales tax to build handicapped-accessible curb cuts and sidewalk ramps at selected intersections throughout Topeka to meet requirements of the Americans with Disabilities Act.

■ Voted 8-0 to return to its policy and finance committee Councilman Richard Harmon’s proposal to establish an analytical framework for elected leaders and staff members to work with other taxing authorities in developing cooperative arrangements.

■ Acting as the city’s governing body, with Bunten having a vote, voted 8-0-1 to change zoning to allow the development of a health care facility and adult living and nursing care facility on Brewster Place property at 2933 S.W. Central Park Ave. Harmon abstained, saying he is involved with the organization developing the facility and didn’t want to create the appearance of impropriety.

Tim Hrenchir can be reached at (785) 295-1184 or tim.hrenchir@cjonline.com.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.

Stay Connected

Original content available for non-commercial use under a Creative Commons license, except where noted.
The Topeka Capital-Journal ~ 616 SE Jefferson, Topeka, KS 66607 ~ Privacy Policy ~ Terms Of Service